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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30620
Experience:  Over 5 years in practice
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Can you help me please! I have just received a letter from

Customer Question

Can you help me please!
I have just received a letter from my biological father threatening court action against me regarding a loan he gave me to buy a property, which he later verbally ended when my daughter came to live with me.

I have since married and moved and he is wanting to register his interest in our property or make us sell to recover the amount of the loan which he verbally ended when we moved in 2009.

The letter from the solicitor still implies I think that we own the previous property which we do not and he knows that.

Can he do this? Where do I stand?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.


Hi there,


Thanks for your enquiry.


I take it that nothing was put in writing at the time concerning "the loan"? As you have already sold the property to which it related, I take it that he did not have any registered charge on the property?


What actually was agreed at the time the loan was made and what was said when you moved back in 2009?


I look forward to hearing from you.


Kind Regards



Customer: replied 3 years ago.



my dad drew up something on paper but nothing legal - just that I would pay him back £500 per month to him and that the full title of the property would revert to him in the case of any arrears of 6 months that were not made good within 2 months of asking.


There was no registered charge on the property.


When my daughter moved back with me ( she had chosen to live with her father when we split ) we had a telephone conversation and he advised then that as she had come back to me - which is why he agreed the loan initially so I could buy somewhere for her to come and live with me I would no longer have to repay the loan.


This came a a great relief at the time as I had recently been made redundant and had just moved in the October of 2009


The letter I received today says the following:


We act for David Gadd who has accepted that he is your biological father ( I was 30 )


Our client has produced a copy of the loan agreement which you entered into with him on 4th June 2006 and by which our client loaned you the sum of £120,000 to enable you to purchase the freehold flat 14 Douglas Close Worthing Sussex.


We understand that you have defaulted on the loan which had initially been paid in October from 2007 ( when house was actually purchased as agreed ) and the sum outstanding to our client stands at £112,789.00


You will recall that the loan agreement provided that the full title would revert to our client once arrears of 6 months had arisen and that any defaults were to be made good within 2 months. We must therefore ask for your urgent proposals for the repayment of the learnt to our client, failing which our client will be looking to sell the property ( we haven't lived there since Oct 2009 ) to recover his investment.


Meanwhile to prevent any immediate court proceedings we should be grateful if you would confirm that you would be prepared to sign a legal charge to enable our client to register his interest at the Land Registry ( in what ? )


In addition we are further informed that you and your husband have taken delivery of certain items ( delivered to the address we moved to after Oct 2009 that we were not aware were coming until they had arrived) and addressed to him at your address. The value of these goods amount to £6,239.00 ( debateable ) and our client has tried without success to collect these items on several occasions ( he has emailed a couple of times over a couple of years , and left rude stroppy telephone messages - we now do not have a home phone as he would phone all hours of the day and night. )


Would you please let us have a response within the next 7 daysfailing which we anticipatebeing instructed to issue court proceedings against you without further notice.



I hope this is enough info for you to go on. Her is 76 lives in France and has the beginnings of dementia - as repeats himself often and forgets things.





























Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you. For now please let me know when you made the last payment?
Customer: replied 3 years ago.

some time in 2009 - will have to check my statements to be exact, don't have access to them right now

Expert:  Ash replied 3 years ago.
When you say he verbally ended are you saying it was a gift after this or that you just had to repay and you did not? Do you still own that property please?
Customer: replied 3 years ago.

As previously stated I have not owned that property since Oct 2009 - he has visited and stayed at the new property in December 2010 and knows that.




He advised me on the telephone that he was pleased that my daughter was back with me and that I no longer needed to pay him.


I therefore took this to mean that as I no longer needed to pay him that this was indeed a gift.

Expert:  Ash replied 3 years ago.
Did anyone else witness this conversation and are you still with his daughter please?
Customer: replied 3 years ago.

No it was a Saturday, my husband was on the golf course and my daughter was at her fathers as it was the weekend.


Are you still with his daughter? I am his daughter! My daughter is still with me yes.

Expert:  Ash replied 3 years ago.
I see thank you that does help clarify. How much is outstanding please?

Customer: replied 3 years ago.


Please revert to previous responses!


£112, 789

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